Criminal Procedure Code, 1973, Section 154 -- FIR - Incident 4.00 p.m. - FIR lodged next day at 12.00 noon - Brother murdered - Informant might have taken appreciable time to regain tranquility of mind for lodging the information at the police station - Police station at a distance of 10 kilometers and there was no transport facility - Delay sufficiently explained...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Incident took place at 1.30 p.m. and complaint lodged at 3.15 a.m on the next day - Though police station was at a distance of 30 miles from place of incident but complainant had the facility of using the tractor available in the village and he did use the same for travelling to the Police Station - Held, unexplained long..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Lodged after 4 days - Delay in filing complaint in regard to an offence of this nature by itself is not fatal so as to vitiate the prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Incident in the night - FIR lodged in the morning - Plea that those days the terrorists were active in the State of Punjab - Not acceptable as assailants were not members of a terrorist group but were members of the family of his brother's wife...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Incident 10.30 P.M. - FIR lodged at 8.00 A.M. next morning - Police station at a distance of eight miles - Late lodging of FIR left sufficient scope for concoction and deliberation...........
Criminal Procedure Code, 1973, Section 154, 156, 157 -- Investigation - Police officer who had recorder FIR naming himself as informant can proceed with investigation - Such investigation can only be assailed on the ground of bias or real likelihood of bias on the part of investigating officer...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not a substantive piece of evidence - FIR can be used for the purpose of contradiction or corroboration only - Unless and until the statements made in FIR are corroborated by the maker of it by way of adducing evidence at the time of trial, statements made in FIR cannot be considered in judging the guilt of an accused..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay of 18 days in lodging FIR - Prosecutrix belonged to conservative society of rural area - Father of prosecutrix was seriously ill and family members did not want to create tension in the his mind - No other person informed due to shame of sexual assault and to avoid..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Lodged after 5 days of incident - Delay - Husband of prosecutrix was in house on day of incidence - Creates doubt on the prosecution story...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of two days - No ground of suspicion - It is but natural in a traditional bound society to avoid embarrassment which is inevitable when reputation of a woman is concerned - It would however be unusual in a conservative..........
